What's happening
This bill requires a letter grading system for food service establishments in entertainment venues in New York City to classify inspection results.
Why it matters
Creates greater transparency and accountability for food safety in entertainment venues. (like stadiums, theaters, museums, and amusement parks), allowing patrons to make more informed choices about where they eat within these high-traffic locations.
Mandates visible posting of inspection grades ("A," "B," or "C") at entrances or points of sale. , so customers can immediately see how well a food vendor complies with health and safety rules—potentially incentivizing better practices among vendors.
Imposes stricter and more frequent inspection schedules for lower-graded establishments. (every 3 months for "C," 9 months for "B," and annually for "A"), aiming to improve public health outcomes by targeting repeat offenders and ensuring ongoing compliance.
Establishes an appeals and reinspection process (with a fee), and clarifies exemptions. (such as venues with minimal food sales or those outside NYC), which may impact how different types of businesses experience oversight and administrative costs.
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Who cares
Headline styles
Grade Venue Food Safety
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Print number 477a
- Amend (t) and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Grade Venue Food Safety
In Assembly Committee · Health · Sponsor Ron Kim
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
477--A
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the establishment in cities having a population of one million or more of a letter grading system to classify inspection results for entertainment venue food service establishments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 1352-f to read as follows:
§ 1352-f. Entertainment venue food service grading system. 1. The commissioner shall establish, for cities having a population of one million or more, a system for grading inspection results for food service establishments, temporary food service establishments, mobile food service establishments and pushcarts as defined in the state sanitary code, that are located within or otherwise owned, operated or controlled by a place of entertainment, including any privately or publicly owned and operated facility such as a theatre, stadium, arena, racetrack, museum, amusement park or other place where performances, concerts, exhibits, athletic games or contests are held for which a donation is recommended or required, or an entry fee is charged.
2. The commissioner shall establish, for cities having a population of one million or more, a system for grading inspection results for place of entertainment food service establishments. Such system shall use and post letters A, B or C to identify and represent such grading and classification with all other lower grades being deemed to be failing grades. In establishing such system of grading, the commissioner shall take into account the provisions of this title and the provisions of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00105-02-7
S. 477--A 2
sanitary code to establish a grading system that reflects the safety and sanitation of the premises and food handling practices to ensure compliance with state and local health laws.
3. Such place of entertainment food service establishment shall conspicuously post near the entrance to such establishment, or at the point of sale, the letter grade identifying and representing the result of such establishment's most recently graded inspection by the local health officer or the entity responsible for such inspection. Such posting shall be done in accordance with rules and regulations promulgated by the commissioner. For any place of entertainment food service establishment receiving a grade lower than "A", the local health officer or the entity performing the inspection shall advise the establishment of its grade and the findings upon which such grade is based. The local health officer or the entity which performed the initial inspection shall conduct a subsequent inspection of such place of entertainment food service establishment no sooner than seven days, nor later than twenty-one days after the inspection at which the grade was given. In the interim, the previous letter grade shall remain posted. Upon the conclusion of the subsequent inspection, the local health officer or the entity performing the inspection shall deliver for posting a letter grade to the place of entertainment food service establishment which indicates the grade for such inspection. In addition to a letter grade, such establishment shall receive the findings upon which such grade is based. The place of entertainment food service establishment may appeal such subsequent assignment of a letter grade designation to the commissioner for review within thirty days of such assignment. While any such appeal is pending, a place of entertainment food service establishment shall post the letter grade that is being appealed.
4. The suggested interval between regularly scheduled inspections of place of entertainment food service establishments may be as follows:
(a) for establishments with a grade of "A", at least once every year;
(b) for establishments with a grade of "B", at least once every nine months; and
(c) for establishments with a grade of "C", at least once every three months.
A place of entertainment food service establishment that requests a reinspection from the local health officer or the entity responsible for such inspections, shall pay the department a fee of up to two hundred fifty dollars. Provided, however, that the provisions of this subdivision shall not negate the ability of any local health officer or the entity responsible for such inspections to inspect any place of entertainment food service establishment on the basis of a complaint from a member of the public.
5. The provisions of this section shall not apply to place of entertainment food service establishments which:
(a) are premises licensed for on-premises consumption of alcoholic beverages pursuant to the alcoholic beverage control law when less than ten percent of the gross sales of such establishment is derived from the retail sale of food for on-premises consumption;
(b) do not engage in the retail sale of food for on-premises or offpremises consumption from such establishment; or
(c) is not located in a city having a population of one million or more.
6. No provision of this section shall be deemed to diminish or otherwise change any power or duty of any state agency or authority.
S. 477--A 3
§ 2. This act shall take effect one year after it shall have become a law. Provided, however, that effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the establishment in cities having a population of one million or more of a letter grading system to classify inspection results for entertainment venue food service establishments
Purpose or general idea of bill
Directs commissioner of health to establish a uniform letter grading system in certain cities to classify results of inspections of entertainment venue food service establishments
Summary of specific provisions
This bill requires the establishment of a system for grading the inspection results of food service establishments located within or otherwise owned operated or controlled by places of entertainment, including privately or publicly owned and operated facilities such as a theatre, stadium, arena, race-track, museum, amusement park, or other place where performances, concerts, exhibits, athletic games or contests are held for which a donation is recommended or required or an entry fee is charged to post the letter grade representing the result of the most recent health inspection.
Due process safeguards are part of this bill. If a letter grade of "A" is not received, the establishment will receive the inspection findings, and can request a re-inspection that will occur within 7 to 21 days. After the re-inspection, a letter grade will again be assigned. if the re-inspection, that finding can be appealed and a review shall occur within 30 days. This system shall not apply to:
- premises licensed for on-premise consumption of alcoholic beverages pursuant to the alcoholic beverage control law when less than ten percent of the gross sales of such establishment is derived from the retail sale of food for on-premises consumption; or
- food service establishments that do not engage in the retail sale of food for on-premises or off premises consumption from such establishment; or
-establishments located outside of a city of one million or more.
Justification
A recent report by ESPN "Outside the Lines" highlighted findings of health department inspection reports for food and beverage outlets at all 107 North American arenas and stadiums that were home to MLB, NFL, NBA and NHL teams in 2009. From the 107 venues, 30 (28 percent) had been cited for at least one "critical" or "major" health violation. A "critical" or "major" health violation is one that poses a risk for food borne illnesses that can cause an ailment or in extreme cases possible fatalities.
The New York State Department of Health is responsible for the inspection of public places where food is prepared, sold or served in New York. Local health department inspectors conduct surprise inspections to check compliance with state and local laws.
A uniform statewide system of inspection and grading entertainment venue food service establishments will provide consumers an easy way to decide if they wish to eat from a particular food establishment. Such system will provide encouragement to keep food establishments sanitary.
Prior legislative history
2015-2016-S.1350A 2013-2014 S.39 2011-12: S.4840-A 2010: S.8458
Fiscal implications
To be determined.
Effective date
This act shall take effect one year after it shall have become a law. Provided, however, that effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.